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's elected or appointed by political appointee. that is what they do. make judgments. >> eric: i make a point. we don't know if this was the defendant's proposal to say hey, i'll go to church and the judge said fine, put it on the list, too. >> bob: you don't think it will survive the courts do you? >> dana: i won't take the aclu seriously until they defend the guy who made the video that caused -- that did not cause the benghazi attack. >> bob: this is -- >> dana: they let him rot in jail. >> bob: this is as clear a violation of church and state i've ever seen. >> eric: your issue is the church part of it? >> bob: yeah. i wish they would go to church. it's great. >> dana: can i have the book the loneliness. nobody agrees with me. i have not convinced anybody. >> bob: let me give you a thought about that. sit right here, you will understand what it feels like. >> andrea: it's true. judges should have discretion but i think the discretion -- >> dana: that's the word i'm looking for. >> andrea: he is crossing the line. this is not adequate punishment. >> dana: that is right. >> bob: coming up,
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